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New Zealand government proposes media industry overhaul and regulatory reboot

The New Zealand ministry for culture and heritage (NZMCH) has released a wide-ranging media reform consultation proposal, aiming to competitively update regulations and funding mechanisms to support the beleaguered media industry.

Irene Gardiner

In releasing the long-awaited discussion paper, the NZMCH acknowledged “the current legislation for the media and content production sector is no longer fit for purpose with how media content is now produced or consumed, is creating an unequal playing field for local media, and is stifling innovation.”

The government further recognised that New Zealand’s media and content production sectors were “facing an uphill battle to remain viable in an increasingly globalised and continually evolving landscape.”

The NZMCH stated less local content is being actively commissioned and is struggling to reach local audiences.

The Media Reform consultation document contains the following core proposed reform areas; increasing investment into and discoverability of local content; increasing captioning and audio description for more inclusive content access; modernising professional media regulation and Streamlining Crown content funders, effectively merging NZ On Air and the NZFC into a single entity.

Industry groups, media companies and screen agencies broadly welcomed the consultative process with NZ producers’ guild Spada describing it as detailed, considered and conscious of the urgent challenges the media sector is facing.

Spada president Irene Gardiner said: “The document proposes a local content investment percentage for the streamers, and it may be that a levy system or a hybrid of the two strategies would work better. We will put some further thought and research into that. But any regulation in this area will help level the playing field.”

Spada has been driving the charge for streaming regulation for over two years. “The international streamers have completely broken our advertising revenue-based local production model. Between TVNZ and Three we lost around NZ$50m in local content spend last year, and things will be no better this year. We just want a level playing field. The streamers have contributed to this problem, they should be part of the solution,” Gardiner stated.

In a joint statement from NZ On Air and the NZFC, the screen agencies said “in a challenging environment for the media sector, it is crucial that every dollar invested has the greatest possible impact. If change can enhance this, it is in the public interest to explore those options.”

With a possible merger imminent, NZ On Air and NZFC said they will be working closely with the NZMCH “to flesh out the opportunities and risks of the options proposed.”

“While the consultation process and policy considerations continue, both agencies remain committed to delivering the best outcomes for audiences and the sector, and continuing to collaborate where it makes sense to do so,” they added.

The NZ Broadcasting Standards Authority (BSA) also welcomed the proposals including shifting the role of the regulator, currently the BSA, into a more self-regulatory styled approach.

BSA chief executive Stacey Wood says the Authority has been actively lobbying for reform of “increasingly obsolete” content regulations that were created in 1989, a pre-internet context.

“We’ve advocated for a regulatory system that’s platform-agnostic, reflecting sea changes in technology and how content is produced and consumed, and we’re pleased this is reflected in the new proposals.”

Wood added that any new regulatory regime must continue to protect freedom of expression, while allowing for appropriate limits to prevent harm.

“Suggested measures to make New Zealand content more accessible and discoverable, and increase self-regulation, could help level the playing field so local media and content producers can compete with big international platforms, and Kiwi stories continue to be told. Any reform will need to consider the fairest way to address any resulting cost increases for industry.

“We’ll examine these new proposals closely and seek feedback from broadcasters before making a submission. In doing so, we’ll draw on the BSA’s 35 years of experience as an effective regulator of media content.”

The New Zealand media industry has until March 23 to respond.

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